>> because there's no higher authority to appeal to for enforcement
> Technically, that higher authority is the people themselves. Bear in mind that the Constitution was written in a context where the governed people successfully held their government accountable at the business end of their hunting rifles.
I should have probably said "there's no higher institutional authority to appeal to for enforcement." When you're talking about jail-time penalties, I think you're talking about something that's institutionally enforced.
At this point, the only check is the people via elections; but I don't think unconstitutional laws are passed for some private purpose, but rather to satisfy some popular political demand (like "never again"). Such esoteric concepts like the unconstitutionality of some particular law aren't often at the top of voters minds, either.
At least in the current climate, with the level of disunity and polarization, any attempt at a revolution would be a civil war where (in the end) half the country loses a good chunk of their civil rights.
> Technically, that higher authority is the people themselves. Bear in mind that the Constitution was written in a context where the governed people successfully held their government accountable at the business end of their hunting rifles.
I should have probably said "there's no higher institutional authority to appeal to for enforcement." When you're talking about jail-time penalties, I think you're talking about something that's institutionally enforced.
At this point, the only check is the people via elections; but I don't think unconstitutional laws are passed for some private purpose, but rather to satisfy some popular political demand (like "never again"). Such esoteric concepts like the unconstitutionality of some particular law aren't often at the top of voters minds, either.
At least in the current climate, with the level of disunity and polarization, any attempt at a revolution would be a civil war where (in the end) half the country loses a good chunk of their civil rights.